MANGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under section 482 of the Code of Criminal Procedure, the petitioners aggrieved of the order of Additional Sessions Judge, Abu Road dated 16.8.2002 confirming the order of Judicial Magistrate, Pindwara dated 9.1.1998 taking cognizance against them for offence under section 19/54 of the Rajasthan Excise Act has approached to this Court.

(2.) The short facts are that on 13.11.1996, the police arranged blockade on the High Way No. 4 and checked a Ambassador car driven by the accused-Ashok Kumar. On search the car was found carrying liquor without licence in huge quantity. After usual investigation, police laid charge-sheet against the petitioners in the Court of Judicial Magistrate, Pindwara on 25.10.1997. However, the cognizance was taken on 9.1.1998. The accused took the plea that prosecution was barred by the provisions of Section 67(2) of the Rajasthan Excise Act. The plea was rejected by the learned Magistrate on the ground that charge-sheet was filed within the period of limitation. For the convenience Section 67 sub-cl. (2) of the Rajasthan Excise Act reads as follows :

(3.) The provision clearly prohibits a Magistrate from taking cognizance after the period of limitation of one year from the date of offence except in a case the State Government has granted a special sanction. The instant case is not a case where the State Government has granted sanction for filing the challan after the expiry of the period of limitation.